William Henry Walker, Appellant, Julian Payne, Repondent
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1845 |
| Date | 17 November 1845 |
| Court | Court of Common Pleas |
English Reports Citation: 135 E.R. 844
IN THE COURT OF COMMON PLEAS.
S. C. 1 Lutw. Reg. Cas. 324; Barr. & Arn. 541; 15 L. J. C. P. 38; 9 Jur. 1014.
844 WALKER V. PAYNE 2 C.B. 13. county of middlesex. william henry walker, Appellant, julian payne, Respondent. Nov. 17, 1845. [S. C. 1 Lutw. Keg, Gas. 324; Barr. & Arn. 541; 15 L. J. C. P. 38; 9 Jur. 1014.] In a list of voters for a county, a voter was described in the column headed " Place of abode," as " travelling abroad :"-Held, a sufficient description. The name, place of abode, and qualification of William G-ibbs, as a voter in respect of property situate within the hamlet of Mile End Old Town, were described in the register of voters for the said county, in the following words :- Christian Name and Surname of each Voter at full length. Place of Abode. Nature of Qualification. Street, &c., where Property situate, &c Gibbs, William. Travelling abroad. Freehold house. 82 Heath St. This name was objected to by the appellant; and it was proved that the voter was, and for several years had been, travelling abroad, and had no fixed place of [13] abode : but it was contended by the appellant, that, as no place of abode was given, the name ought to be expunged. The revising barrister was of opinion, that, as the voter had no fixed place of abode, but was travelling abroad, he was not at liberty to expunge the voter's name, and he therefore retained it. If the court of Common Pleas shall be of opinion that a better description of the voter's place of abode, under the circumstances above stated, ought to have been required, the name is to be expunged; else, to be retained. G-. Atkinson, for the appellant. This amounts to a case of total omission of the place of abode of the voter. By the 2 W. 4, c. 45, ss. 37, 38, the overseers are required to make out lists of persons entitled, or claiming to be entitled, to vote in the election of knights of the shire; and in the forms contained in schedule (H.) examples are given as to how the second column is to be filled up-" Cheapside, London," &c. These examples are not repeated in the forms given in schedule (A.) of the 6 & 7 Viet. c. 18; but the two acts, being in pari materia, must receive the same construction. The object of the legislature in requiring the place of abode of the voter to be inserted in the register, is, to give the means of identifying him when he comes to vote. That object will be frustrated...
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